IP clauses in contracts

Uniseliz, SARL, a French SME focused on the importation of alcoholic beverages, signed an international sales agreement with a Cuban export company. The Cuban company agreed on selling a large number of “Sierra Madre” rum bottles. The trade mark of this rum was registered in the European Union as a European trade mark and had a great reputation among rum connoisseurs since it is considered one of the best Cuban rums.

When the French company received the merchandise container, they noticed that nearly half of the bottles were bearing a different trade mark than the agreed one. Therefore, they notified the irregularity to the Cuban company. The Cuban company answered that the obligation to send the product was duly fulfilled since the quality of the rum sent was equal or even superior.

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